The State enjoys the faculty of the ius puniendi to impose penalties and sanctions that allow it to maintain a just social order by seeking to prevent and deter the coasociados to commit behaviors that affect healthy coexistence. In the case of public servants, in attention to the special relations of subject, the liability regime is further compounded by the establish that the same is attributed by omission or overreach in the functional duty.
However, the state power must be subject to the minimum guarantees universally recognized for its validity and effectiveness, including the presumption of innocence, according to which every person is presumed innocent until proven otherwise.
Therefore, it cannot be affected subjective rights to public servants disciplined to be given legal effect to administrative acts that the legislator is not provided initially and will not resolve of fund and in definitively his responsibility, as occurs in the statement of objections.